Powell v. Koon
MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 02/03/2017. Copy mailed to plaintiff. (tjoh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
FEB - 3 2017
CLERK, U.S. DiSTRICT COURT
KENT A. POWELL,
Civil Action No. 3:16CV566-HEH
(Dismissing Action Without Prejudice)
Plaintiff, a Virginia inmate proceeding pro se and informa pauperis, filed this 42
U.S.C. § 1983 action. In order to state a viable claim under 42 U.S.C. § 1983, a plaintiff
must allege that a person acting under color of state law deprived him or her of a
constitutional right or of a right conferred by a law of the United States. See Dowe v.
Total Action Against Poverty in Roanoke Valley, 145 F.3d 653, 658 (4th Cir. 1998)
(citing 42 U.S.C. § 1983). Plaintiffs current allegations fail to provide Defendant with
fair notice of the facts and legal basis upon which her potential liability rests. See Bell
Atl Corp. V. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41,
47 (1957)). Accordingly, by Memorandum Order entered on January 11, 2017, the Court
directed Plaintiff to submit a particularized complaint within fourteen (14) days of the
date of entry thereof The Court warned Plaintiff that the failure to submit the
particularized complaint would result in the dismissal of the action.
More than fourteen (14) days have elapsed since the entry of the January 11, 2017,
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise
respond to the January 11, 2017, Memorandum Order. Accordingly, the action will be
dismissed withoutprejudice. Plaintiff is free to file a new action that amplifies the
factual and legal basis upon which his claims rest.
An appropriate order will accompany this Memorandum Opinion.
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE
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